ENROLLED
Page 1 of 1
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1008
BY REPRESENTATIVE HARRISON
AN ACT1
To enact R.S. 9:2800.17, relative to property and casualty insurance claims payment; to2
provide for damages for the diminution in the value of a motor vehicle after an3
accident; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:2800.17 is hereby enacted to read as follows: 6
ยง2800.17. Liability for the diminution in the value of a damaged vehicle7
Whenever a motor vehicle is damaged through the negligence of a third-party8
without being destroyed, and if the owner can prove by a preponderance of the9
evidence that, if the vehicle were repaired to its preloss condition, its fair market10
value would be less than its value before it was damaged, the owner of the damaged11
vehicle shall be entitled to recover as additional damages an amount equal to the12
diminution in the value of the vehicle. Notwithstanding, the total damages recovered13
by the owner shall not exceed the fair market value of the vehicle prior to when it14
was damaged, and the amount paid for the diminution of value shall be considered15
in determining whether a vehicle is a total loss pursuant to R.S. 32:702.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: